Delhi High Court
Cdr Rupesh Sharma vs Union Of India And Ors on 2 June, 2016
$~3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5422/2016 and CM APPL. 22578/2016
CDR RUPESH SHARMA ..... Petitioner
Through: Mr. Prashant Sivarajan, Advocate for
Mr. Ajit Kakkar, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Barkha Babbar, Advocate with
Ms. Dipanjali Tyagi, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% 02.06.2016
1. The present petition has been filed by the petitioner, who is working
on the post of a Commandant with the Indian Navy, praying inter alia for
quashing the posting order dated 10.03.2016, whereunder he has been posted
to DRDL Hyderabad, as also the order dated 13.03.2015, whereunder his
application for premature retirement has been rejected by the respondents.
2. Counsel for the petitioner states that the petitioner is presently posted
in Delhi and vide application dated 19.05.2014, he had sought voluntary
retirement from service. However, the said application was returned on the
ground that it was not in proper format. The petitioner had submitted a fresh
application for seeking voluntary retirement on 26.11.2014, which was
rejected vide order dated 13.03.2015, stating inter alia that it was not found
feasible to accept his request. On 10.3.2016, the respondents issued the
impugned order posting the petitioner to Hyerabad w.e.f. June, 2016.
Simultaneously, the petitioner submitted another application dated
01.04.2016, for seeking premature retirement.
3. Counsel for the petitioner submits that vide order dated 20.05.2016,
the petitioner's proposal for seeking premature retirement was forwarded to
the Naval Headquarters with the recommendation that he be released on
30.06.2017. He states that till a decision is taken by the Competent
Authority, the petitioner's transfer order may be quashed and if not quashed,
at least stayed.
4. Counsel for the respondents, who appears on advance notice, states
that the petitioner was sent to Israel between January, 2011 to June, 2014 to
undergo training for Long Range Surface to Air Missile Project and as per
the guidelines laid down in para 18 of the Office Order No.07/2012
(Annexure P-16), the application for voluntary retirement/resignation of
officers, who have undergone deputation to foreign countries which involve
acquiring expertise/specialised knowledge, would not be entertained before
completion of 3/5 years of post deputation service. She states that the period
of 3/5 years in the case of the petitioner has yet to expire and the expertise
that he has acquired while on deputation to Israel have been utilised for the
past one and half years at Delhi and the same expertise would be required
for completing a project in collaboration with DRDO at Hyderabad.
5. In these circumstances, we are not inclined to entertain the request of
the petitioner for quashing the impugned transfer order. At the same time,
having regard to the letter dated 20.05.2016 (Annexure P-15), it is deemed
appropriate to direct the respondents to dispose of the petitioner's pending
request for premature retirement within four weeks from today, by passing a
speaking order, under written intimation to him.
6. The petition is disposed of alongwith the pending application.
HIMA KOHLI, J
SUNIL GAUR, J
JUNE 02, 2016
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